To change a child custody order in Texas, you usually must ask the court for a new order and show that important circumstances have changed in a meaningful way since the current order was entered. The court also must find that the change serves your child’s best interests. If you file within one year of the current order, Texas law generally requires a sworn affidavit with specific facts before the court will consider the request.
What counts as a material and substantial change?
Texas courts do not change custody orders just because you want a different schedule. You generally must show a real change affecting the child, one of the adults in the case or another person named in the order.
Common examples may include:
- A major job relocation.
- A significant change in work hours.
- A serious medical issue.
- A major change in home stability.
- A safety concern affecting the child.
School records, medical records and parent communications can support the request.
How does the modification process work?
If both parents agree, they may submit an agreed modification order for court approval. If they do not agree, the case may go through negotiation, mediation or a hearing. The Texas State Law Library outlines the custody modification process. In most cases, you must file in the court that issued the original order.
A child’s preference does not control the outcome
If a child is at least 12, any party to the case, including either parent, can ask the court to interview the child about custody and primary residence preferences. Even then, the judge does not have to follow the child’s wishes.
In a contested case, proof of school issues, health concerns, missed visits or parent communications can help the court evaluate the request. Those same facts may also matter in related Texas family law proceedings, including parenting time or support disputes.
What to consider before filing for a modification
You need legal grounds, evidence and a showing that the change would help your child. If you are filing within one year of the current order, Texas law also requires a sworn affidavit with specific circumstances before the court can consider the request. A Texas family law attorney can review your evidence and help you decide whether filing makes sense.